CHAPTER 1 – PRELIMINARY

1. Short title, extent and commencement.—

(3)It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

2. Definitions and interpretation.—

(ab) “assignee” includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person;

(aba) “Budapest Treaty” means the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time;

(ac) “capable of industrial application”, in relation to an invention, means that the invention is capable of being made or used in an industry;

(b)“Controller” means the Controller General of Patents, Designs and Trade Marks referred to in section 73;

(c)“convention application” means an application for a patent made by virtue of section 135;

(d)“convention country” means a country or a country which is member of a group of countries or a union of countries or an Intergovernmental organization referred to as a convention country in section 133;

(e)“district court” has the meaning assigned to that expression by the Code of Civil Procedure, 1908 (5 of 1908);

(f)“exclusive licence” means a licence from a patentee which confers on the licensee, on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and exclusive licensee shall be construed accordingly.

(ii)by a corporation established by a Central, Provincial or State Act, which is owned or controlled by the Government, or

(iii)by a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956), or

(iv)by an institution wholly or substantially financed by the Government;

(i)“High Court”, in relation to a State or Union territory, means the High Court having territorial jurisdiction in that State or Union territory, as the case may be;

(ia) “international application” means an application for patent made in accordance with the Patent Cooperation Treaty;

(j)”invention” means a new product or process involving an inventive step and capable of industrial application;

(ja) “inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art;

(k)“legal representative” means a person who in law represents the estate of a deceased person;

(l)“new invention” means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the

date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art;